Amended IN Senate September 01, 2017 Amended IN Assembly March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 891Introduced by Assembly Member Eduardo Garcia Mayes(Coauthor: Assembly Member Gonzalez Fletcher Eduardo Garcia)(Coauthor: Senator Glazer)February 16, 2017 An act to amend Section 71090 of the Public Resources Code, relating to environmental justice. add Section 12012.82 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 891, as amended, Eduardo Garcia Mayes. California Communities Environmental Health Screening. Tribal gaming: compact ratification.Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.This bill would ratify the tribal-state gaming compact entered into between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial, as specified, and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12012.82 is added to the Government Code, to read:12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Morongo Band of Mission Indians and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.SECTION 1.Section 71090 of the Public Resources Code is amended to read:71090.(a)For purposes of this part, the following terms have the following meanings:(1)Board means the State Air Resources Board.(2)Office means the Office of Environmental Health Hazard Assessment.(3)PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4)Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b)(1)In the next update of the tool or by January 1, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A)Deficiencies in and barriers to accessing necessary data.(B)Current and future monitoring studies and plans for obtaining the data.(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c)For purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1)Air quality measurements for ozone and PM2.5 in the border region.(2)Vehicle emissions at border crossings.(3)Complete traffic density data within 150 meters of the border.(4)Water quality data for waterways that cross the border.(5)Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d)When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e)The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f)For purposes of collecting data on a community scale, rather than on a regional or ambient scale, to account for cross-border pollution, the board shall add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial to collect data on PM2.5, ozone, and diesel particulate matter.(g)On or before January 1, 2019, the board shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2023.
Amended IN Senate September 01, 2017 Amended IN Assembly March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 891Introduced by Assembly Member Eduardo Garcia Mayes(Coauthor: Assembly Member Gonzalez Fletcher Eduardo Garcia)(Coauthor: Senator Glazer)February 16, 2017 An act to amend Section 71090 of the Public Resources Code, relating to environmental justice. add Section 12012.82 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTAB 891, as amended, Eduardo Garcia Mayes. California Communities Environmental Health Screening. Tribal gaming: compact ratification.Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.This bill would ratify the tribal-state gaming compact entered into between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial, as specified, and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate September 01, 2017 Amended IN Assembly March 15, 2017
Amended IN Senate September 01, 2017
Amended IN Assembly March 15, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 891
Introduced by Assembly Member Eduardo Garcia Mayes(Coauthor: Assembly Member Gonzalez Fletcher Eduardo Garcia)(Coauthor: Senator Glazer)February 16, 2017
Introduced by Assembly Member Eduardo Garcia Mayes(Coauthor: Assembly Member Gonzalez Fletcher Eduardo Garcia)(Coauthor: Senator Glazer)
February 16, 2017
An act to amend Section 71090 of the Public Resources Code, relating to environmental justice. add Section 12012.82 to the Government Code, relating to tribal gaming, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 891, as amended, Eduardo Garcia Mayes. California Communities Environmental Health Screening. Tribal gaming: compact ratification.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.This bill would ratify the tribal-state gaming compact entered into between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.This bill would declare that it is to take effect immediately as an urgency statute.Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial, as specified, and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.
Existing federal law, the Indian Gaming Regulatory Act of 1988, provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes.
The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would ratify the tribal-state gaming compact entered into between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017. The bill would provide that, in deference to tribal sovereignty, certain actions related to that compact are not projects for purposes of CEQA.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the California Environmental Protection Agency to identify disadvantaged communities as part of a 3-year investment plan developed by the Department of Finance for the moneys collected by the State Air Resources Board resulting from a market-based compliance mechanism relative to greenhouse gas emissions. Existing law requires the Office of Environmental Health Hazard Assessment to update the California Communities Environmental Health Screening tool, developed by the agency and the office for the purposes of identifying those disadvantaged communities. Existing law requires the office to report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, and to include that data in the next update of the tool if it is of sufficient quality and available for those communities.
This bill would require the State Air Resources Board, in partnership with the office, to include one year of data from certain local air monitoring studies, including data on particulate matter with a diameter of 2.5 micrometers or less, ozone, and diesel particulate matter. The bill would require funds to be allocated, upon appropriation by the Legislature, to the board and the office to support the continued collection of this data. The bill would require the board to add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial, as specified, and, on or before January 1, 2019, to submit a report to the Legislature detailing the methods used to account for cross-border pollution, any barriers to collecting that data, and future plans for collecting that data.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12012.82 is added to the Government Code, to read:12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Morongo Band of Mission Indians and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.SECTION 1.Section 71090 of the Public Resources Code is amended to read:71090.(a)For purposes of this part, the following terms have the following meanings:(1)Board means the State Air Resources Board.(2)Office means the Office of Environmental Health Hazard Assessment.(3)PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.(4)Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(b)(1)In the next update of the tool or by January 1, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:(A)Deficiencies in and barriers to accessing necessary data.(B)Current and future monitoring studies and plans for obtaining the data.(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(c)For purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:(1)Air quality measurements for ozone and PM2.5 in the border region.(2)Vehicle emissions at border crossings.(3)Complete traffic density data within 150 meters of the border.(4)Water quality data for waterways that cross the border.(5)Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.(d)When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.(e)The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.(f)For purposes of collecting data on a community scale, rather than on a regional or ambient scale, to account for cross-border pollution, the board shall add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial to collect data on PM2.5, ozone, and diesel particulate matter.(g)On or before January 1, 2019, the board shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2023.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12012.82 is added to the Government Code, to read:12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.
SECTION 1. Section 12012.82 is added to the Government Code, to read:
### SECTION 1.
12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.
12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.
12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.(B) The execution of the tribal-state gaming compact ratified by this section.(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.
12012.82. (a) The tribal-state gaming compact entered into in accordance with the federal Indian Gaming Regulatory Act of 1988 (18 U.S.C. Secs. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.) between the State of California and the Morongo Band of Mission Indians, executed on September 6, 2017, is hereby ratified.
(b) (1) In deference to tribal sovereignty, none of the following shall be deemed a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):
(A) The execution of an amendment to the tribal-state gaming compact ratified by this section.
(B) The execution of the tribal-state gaming compact ratified by this section.
(C) The execution of an intergovernmental agreement between a tribe and a county or city government negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.
(D) The execution of an intergovernmental agreement between a tribe and the Department of Transportation negotiated pursuant to the express authority of, or as expressly referenced in, the tribal-state gaming compact ratified by this section.
(E) The on-reservation impacts of compliance with the terms of the tribal-state gaming compact ratified by this section.
(2) Except as expressly provided in this section, this subdivision does not exempt a city, county, or city and county, or the Department of Transportation, from the requirements of the California Environmental Quality Act.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Morongo Band of Mission Indians and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to enhance the economic development, stability, and self-sufficiency of the Morongo Band of Mission Indians and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 2.
In order to enhance the economic development, stability, and self-sufficiency of the Morongo Band of Mission Indians and to protect the interests of the tribe and its members, the surrounding community, and the California public at the earliest possible time, it is necessary that this act take effect immediately.
(a)For purposes of this part, the following terms have the following meanings:
(1)Board means the State Air Resources Board.
(2)Office means the Office of Environmental Health Hazard Assessment.
(3)PM2.5 means particulate matter with a diameter of 2.5 micrometers or less.
(4)Tool means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.
(b)(1)In the next update of the tool or by January 1, 2019, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following:
(A)Deficiencies in and barriers to accessing necessary data.
(B)Current and future monitoring studies and plans for obtaining the data.
(2)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(c)For purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following:
(1)Air quality measurements for ozone and PM2.5 in the border region.
(2)Vehicle emissions at border crossings.
(3)Complete traffic density data within 150 meters of the border.
(4)Water quality data for waterways that cross the border.
(5)Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry.
(d)When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool.
(e)The board, in partnership with the office, shall include in the air quality data provided to update the indicators in the next update of the tool one year of data from the Imperial County and San Ysidro air monitoring studies, including data on PM2.5, ozone, and diesel particulate matter. Funds shall be allocated to the board and the office, upon appropriation by the Legislature, to support the continued collection of data from the Imperial County and San Ysidro air monitoring studies on PM2.5, ozone, and diesel particulate matter as necessary to meet the boards minimum monitoring requirements for purposes of the tool.
(f)For purposes of collecting data on a community scale, rather than on a regional or ambient scale, to account for cross-border pollution, the board shall add air monitoring stations at additional locations in the California-Mexico border region in both the County of San Diego and the County of Imperial to collect data on PM2.5, ozone, and diesel particulate matter.
(g)On or before January 1, 2019, the board shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, detailing the methods used to account for cross-border pollution for PM2.5, ozone, and diesel particulate matter, any barriers to collecting that data, and plans for future efforts to collect that data for purposes of the tool. Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2023.